Morning journal and courier., 1887-04-20

The Eminent New York Jurist DE.
hvers the Concluding Lecture In the
Yale Kent Club Course-Layv an Inn
posing Fabric But Susceptible of Inn
prOvement mr. Field Sueeesta
Where Some Needed improvements
may be Advantageously Made.
The Hon. David Dudley Field, one of the
most eminent jurists before the New York
bar, concluded the Kent club lecture series
last evening with discourse on "The i'm
provement of the law" Mr.. Field is a gen.
tleman of fine presence, and although 80
years have passed over his head, is pleasing
the speaker and full of poetry of motion, suit
ing the action to the word all through his in
teresting talk. -
The speaker said: "The Yale Kent club.
What thoughts the name suggest. Yale
synonym of progressive education. The name
of Kent is known wherever American and
Anglo-Saxon law is studied. When Kent
laid down theofice of chancellor he began in
earnest his great work as a commentator.
The publication of Kents commentaries led
to the first broad and general comprehension
of the law. The work passed through thir-
teen editions, and is still to be found in the
libraries of all lawyers of any considerable
practice. But Kent made little suggestion
of any improvement in the law. He made
his one mistake in regarding the law fabric
| as complete edifee. The purpose of my
| address is to point out what deem to be de.
sirable as Improvements in the law"
The speaker then proceeded to outline the
plan by which preliminary survey of the
l whole body of law should be made and sug
l gested codifcation as indispensable to any
| system of Improvement. They make great
| mistake who approve system OF cod1flca-
l ton in relation to its aspect to the legal pro-
/ fession. Its relation to the mass of the peo-
| pie must be considered in the arrangement
of any system. The speaker spoke of the
| anomalies of the law that should be RENE
| died. Relative to the distinction made be-
| tween real and personal property he said:
''The whole system is gigantic farce. Per-
haps you never thought of that. But why
| should there be difference in the manner
of the transfer of real property and personals
You are unable to buy the smallest
cabin in New Haven without the greatest
ceremony. The same man who buys the
cabin can transfer millions of dollars worth
of railway stock without even seal.
"In the next place, do away with the dis
tinction between sealed and unsealed 1nstru-
ments. Is there any reason why II you want
to transfer piece of property you have to
stick something on the paper? A man might
make as sensible movement by going out
on the street and doing system of gymnas-
tics. In Connecticut you can sue on sealed
instruments at any time within seventeen
years, while an unsealed instrument is bar
red out after six years. Reformation is also
wanted in the language of legal documents.
In New York city alone the recording of su-
perfuous words in deeds and mortgages &C.
casions an extra expense of $1,000
You do the same in Connecticut
and every jurist should be ashamed of this
superfuous nonsense" The speaker con-
Guided by suggesting changes in the mar
rage and divorce laws of the several States.
He said he hardly knew which to commend,
the marital laws of Connecticut or those of
New York. In Connecticut there are hedged
about marriage bulwarks which New York
lacks, but this is counteracted by the loose
divorce regulations.
Adjourned Till Fall.